May 18, 2025 | Arbitration, Case Studies
In the 2007 case of Gutsche Family Investments (Pty) Ltd and Others v Mettle Equity Group (Pty) Ltd and Others [2007 (5) SA 491 (SCA)], the Supreme Court of Appeal delivered a key ruling on the limits of arbitral jurisdiction—especially in the context of appeal...
May 18, 2025 | Arbitration, Case Studies
— A Brief Overview of the SCA’s Landmark Ruling In Telcordia Technologies Inc v Telkom SA Ltd 2007 (3) SA 266 (SCA), the Supreme Court of Appeal reaffirmed the limited role courts play in reviewing arbitral awards. The dispute concerned a multimillion-dollar...
Nov 29, 2024 | Case Studies
In Hanekom N O and Others v Nuwekloof Private Game Reserve Farm Owners Association a trust referred a levy dispute with a Homeowners’ Association (“the HOA”) to the Community Schemes Ombud Service (“CSOS”) for resolution. The CSOS Adjudicator found in favour of the...
Nov 3, 2024 | Case Studies
It is said that all contracts are agreements but not all agreements are contracts. In business we tend to use the terms ‘agreement’ and ‘contract’ interchangeably, which is fine most of the time, but not always. There is also a general perception that a contract only...
Nov 2, 2024 | Case Studies
Mediation is an alternative form of dispute resolution where an independent third party (called a mediator) facilitates a settlement between the parties. The process is voluntary meaning that it requires the consent and co-operation of both parties to be used. High...
Nov 1, 2024 | Case Studies
In a judgment handed down earlier this year, the South Gauteng High Court restated the legal principles for reviewing an arbitration award. Any party who seeks to challenge an arbitration award under s 33(1) of the Arbitration Act 42 of 1965 would be well-advised to...
